Tag: dui lawyers

What To Expect For First or Multiple DWI’s

A Guide to Texas DWI Laws and Penalties

Everything is bigger in Texas and in some ways, that includes the DWI laws and penalties.

Navigating the DWI laws in the state of Texas can be difficult. The laws are complex, and there are multiple categories of DWI offenses and penalties that you need to be aware of in 2017. This overview will help you sort through the complexities of the law, and understand them better.

Texas interprets the term “intoxicated” as not being in full control of your mental and physical functions as a result of your consumption of alcohol or drugs, and/or having a blood alcohol concentration (BAC) of .08 or higher (for adults who are not commercial drivers).

When a police officer believes that a driver may be intoxicated, they need to establish probable cause, and must give evidence that the driver is actually intoxicated. Probable cause includes observing the driver’s behavior, speech, and appearance.

Butler Law Firm | Texas DWI LawThe police officer may use a field sobriety test, which can include blood and breath tests, which the driver does have the right to refuse. However, it’s important to note that there are “implied consent” laws in Texas, which means that when you drive on Texas roads, you are automatically consenting to sobriety tests. So while you can refuse the tests, your license will be suspended immediately if you do.

One fact that drivers are often unaware of is that a driver who is arrested for DWI will usually have two cases filed against them: a criminal case and a civil case. The criminal case is the most severe, with escalating levels of possible punishment, along with stiff fines and possible jail time. The civil case will be filed by the Department of Safety and usually results in suspension of the driver’s license.

3 DWI Offense Categories

DWI First Offense:

If you’ve never been convicted in a DWI case before, this is the typical charge you will face. First-time DWI offenses are considered a Class B misdemeanor, with a possible penalty of 3 to 180 days in jail and a fine of up to $2,000. You’ll have your driver’s license suspended for a period of between 90 days to 1 year, depending on if you refused or failed the breath or blood test.

DWI Second Offense:

If this is your second DWI offense, your charge will automatically be elevated to a Class A misdemeanor, which carries fines of up to $4,000 plus a sentence of 30 days to 1 year of time in the county jail. License suspension will last from 180 days to 2 years. لعبه بوكر In some counties, a judge may require that your car be fitted with an ignition interlock device as a condition of your release pretrial or for probation. This device is like a breathalyzer attached to your car, which will prevent the car from being started until you breathe into the device and pass the test.

DWI Third Offense:

If you’re on your third DWI offense, the charge is instantly escalated to a third-degree felony, which carries a penalty of 2 to 10 years in the state prison, plus a $10,000 fine. Your license will be suspended for 180 days to 2 years. نادي بايرن ميونيخ For all third or multiple DWI offenses the judge by law must require that your vehicle be fitted with an ignition interlock as a condition of a possible pretrial release or for probation.

Although these 3 main DWI offense categories appear fairly simple, other specific factors can greatly complicate the severity of the consequences. Such instances include: an open container of alcohol in the vehicle, a minor being present in the vehicle, an extremely high BAC, or excessive speeding at the time you were pulled over. These factors can raise the offense to an “aggravated DWI” offense, and the fines you’ll be subject to can be much higher. The charge could even be escalated to a Class A misdemeanor or a felony.

Aggravated DWI Offense Charges

DWI With An Open Container:

If it’s your first offense when you’re found with an open alcohol container in the vehicle, you’ll be subject to the usual first-offense fine of $2,000, but your charge will be raised to a Class B misdemeanor.

DWI With A BAC Of .15 And Above:

If your blood or breathalyzer test results are .15 or higher, you could receive an elevated charge of a Class A misdemeanor. The fine would be $4,000 and you could face up to a 1 year sentence in the county jail. A driver convicted of this type of aggravated DWI offense could, by law, be required to have an ignition interlock device fitted to his or her vehicle.

DWI With A Passenger Under Age 15:

If you are pulled over with a minor passenger in your car, even if the child is yours, and are found to be intoxicated, then the charge will immediately be escalated to a felony even if it is your first DWI charge. This aggravated DWI offense carries a heavy fine of $10,000 and up to 180 to 2 years in the state prison.

Intoxication Assault:

If you are responsible for causing severe injuries to another person while you are intoxicated, you will be charged with a third-degree felony. The penalty could be anywhere from 2 to 10 years in the state prison, and you could be fined up to ,000. طاولة بوكر Most judges in Texas will mandate that an ignition interlock device be installed on your car for this aggravated offense.

Intoxicated Manslaughter:

If you take someone’s life while driving intoxicated the charge will be a second-degree felony, and face a penalty of 2 to 20 years in the state prison and/or a $10,000 fine. In Texas, most judges will also require that your vehicle have an ignition interlock device placed in it for this aggravated offense.

Even though these charge escalations may also appear fairly easy to understand, there is just no way to be sure how the district attorney will apply them to your case. The best strategy in your defense will need to be developed based on the unique circumstances of your particular case. The complexity of your case could be more involved depending on several factors, including the conduct of the officer or officers who made the arrest.

It’s important that your case be handled by a Houston Texas DWI lawyer who understands these complexities and has the experience to create a detailed strategy that will take advantage of all the factors of your case, and aggressively advocate on your behalf in order to get you the best possible outcome.

Possibly Facing DUI Charges and Their Ties to Marijuana

Marijuana Legalization Is Affecting How Police Determine DUI Charges

Driving under the influence, abbreviated DUI, is a widespread issue that affects people around the world. Drug usage can impair one’s judgment, slow down reaction times, cause memory loss as well as a host of other symptoms that make driving under the influence dangerous. Every state in the United States has laws that ban motorists from driving if their blood alcohol concentration (BAC) is at a level above 0.08 percent.

Alcohol-related offenses are the most common types of DUI that a Houston drug lawyer sees; however, there are other DUI offenses as well. As more and more states decriminalize and legalize marijuana, there is a rising concern about marijuana-related DUI offenses. Police and law enforcement officials are currently trying to determine how to handle this type of driving under the influence offense in lieu of the standard BAC test.

Expanded Legalization of Marijuana

Marijuana also called weed or cannabis, is both a stimulant and depressant. Marijuana can be used for medical purposes and recreational purposes. Medical marijuana can help patients by reducing pain levels, improving appetite and preventing nausea. Recreational users use marijuana to experience a mild euphoria due to the physiological and psychoactive effects of cannabis.

Over the last several years, numerous states have passed laws legalizing or decriminalizing the use of marijuana for medical purposes as well as recreational purposes. هازارد 2023 Four states have completely legalized marijuana. Another eight states have legalized marijuana for medical use. Another eleven states have decriminalized and made medical marijuana legal. Finally, five states have only decriminalized marijuana.

As a result of the decriminalizing and legalizing legislation, police departments, including New Canaan, Connecticut have experienced a rise in the number of marijuana-related DUI offenses over the last year.

Driving Under the Influence of Marijuana

Butler Law Firm | DUI in Houston TexasStudies have shown that alcohol can significantly impact a motorist’s ability to operate a motor vehicle. Marijuana also impairs a driver’s ability to drive. One study found that marijuana reduces the peripheral vision of a user and gives them tunnel vision. THC, the psychoactive constituent in marijuana causes motorists to weave more while driving.

Additionally, combining alcohol with marijuana increased the effects of both substances. Drivers began to weave at lower levels of intoxication when both substances were used as compared to those who only used one substance. Furthermore, alcohol increases the absorption level of THC, which causes a stronger high from the marijuana.

Legal Actions and Police Actions

Currently, seventeen states have enacted “per se” laws which prohibit motorists from operating a motor vehicle if they have a certain level of THC in their system. The remaining states have standards that are less defined in how the police will handle driving under the influence of marijuana.

Alcohol intoxication is easier to determine through the administration of a BAC test. With marijuana, it is more difficult. مواقع تقبل الدفع paypal في مصر Some police departments are using drug recognition experts that examine a motorist on the scene to determine whether they are too high to operate a motor vehicle.

As marijuana usage continues to rise due to the decriminalization and legalization of marijuana, police agencies are working to determine how to keep the roadways safe from those under the influence of either drugs or alcohol. روليت اون لاين

The Effects A DUI Has On Your Auto Insurance

Butler Law Firm | Car Insurance and DWI HoustonHere’s How A DUI Can Affect Your Car Insurance Rates

Most people know the dangers of drunk driving, but even in today’s age there are people who drink and then drive. Even the ones that have managed to survive with a conviction will need insurance again at some point in the future. When you have a DUI in Houston and elsewhere, then insurance companies will consider you to pose a greater risk.

This means higher premiums. DUI insurance doesn’t exist, but we will tell you how your quotes for car insurance will be affected by a DUI conviction. Afterward, you’ll have a better idea of how a DUI can affect your insurance rates.

How Much Can A Conviction Raise Your Rates

In order to determine how much a DUI conviction can affect your rates, we researched quotes for a driver living in areas such as New York, Atlanta, Georgia, and Roselle. We used an example if a 30-year old male who is single and drives a 2014 Toyota Corolla. As you can see from our example, rates in New York City are expensive as they are, but one DUI conviction can increase insurance by almost $1,100.

In Roselle, which is located in Chicago, we found that there were similarities between their rates and the rates in NYC. In other words, rates were cheaper in Roselle than NYC, but the driver would still be hit with a similar increase for a DUI conviction. In NYC, the average increase was 35% and the increase in Roselle was 44 percent. نظام اليورو 2024

In Atlanta, the driver would incur a 31% increase in their insurance rate. As you can see, your insurance rates are heavily influenced by where you live. Regardless of where you live, a DUI conviction can greatly impact your insurance rates.

Other Factors

As previously mentioned, the example we used was of a 30-year-old male who is single and drives a Toyota, but there are other factors that can increase your insurance rates. Where you live is one of the biggest factors and whether or not you have a DUI conviction, as previously mentioned. However, we decided to look at GEICO and see how they calculate rates for drivers in Utah. Some of these factors include:

1. Age – Age is a major factor and an 18-year-old who has a DUI conviction from 12 months previous will pay 5% higher property damage premiums than a 30-year-old that has a DUI conviction 12 months previous. In fact, any person who is under the age of 19 and has one DUI within the last year will pay that much more than older people with the same profile. In short, younger drivers usually pay the most when they have a DUI charge on their record.

2. Time – Most insurance companies will look at your driving record and look at what’s on there from the last 3-5 years because this helps them get an idea of what your driving history is like. GEICO requires a clean driving record for at least 35 months before your premiums are not effected. For example, if you have a DUI conviction stemming from four years ago, then your Under-insured Motorist premium would be around 18% less than a driver who has had a DUI within the last year.

3. Number Of DUI Convictions – The number of DUI convictions you have had within the last three years is a huge factor. If you are 30 and you have four convictions, then you will pay about 58% more than a driver who has only one conviction. GEICO’s DWI calculation for someone who is 18 on Utah and who has four convictions in a year will pay around 110% or more than a person who is the same age, but has a clean driving record.

4. Companies – One of the most important factors is the actual insurance company you go through. Different companies have their own set of rules for dealing with DUI charges. This is why it’s important to get quotes from multiple companies.

The rates vary from company to company. However, one thing all companies have in common is that they will likely charge you more for insurance if you have DUI convictions within the last few years. Some charge far more than others, so if you’ve been convicted of DUI, then it’s a good idea to take your time when shopping around for car insurance.

A DUI can cause you much more problems than expensive insurance, but if you are lucky, then you may be able to get out of a DUI in Houston without suffering serious consequences. As you can see, there are many factors, alongside having a DUI, that can determine how much your premiums will be. As previously mentioned, if you want to get the cheapest car insurance rates possible, then you should compare rates. The only way to reduce your insurance premiums is to become a better and safer driver. تكساس بوكر

The Butler Law Firm is looking forward to answering any further questions you have regarding your or a loved ones DUI and what exactly it may entail. We encourage you to call us at 713-236-8744 for your free case consultation!